Loading...
HomeMy WebLinkAboutMinutes City Council - 02/09/1972MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 9, 1972 2:00 P. M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners:. Roberto Bosquez, M.D. Thomas V. Gonzales Gabe Lozano, Sr. City Manager R. Marvin Townsend Assistant City Attorney Hal Georgi City Secretary T. Ray Kring Mayor Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by The Reverend Alfred W. Morgan, Pastor of Woodlawn Presbyterian Church. City Secretary T. Ray Kring culled the roll of those in attendance.. Motion by Bonniwell, seconded by Bosquez and passed, that the absence of Commissioners Branch and Stark be excused for just cause. The Minutes of the Regular Council Meeting of January 26, 1972, were approved as submitted to the Council. Mayor Sizemore proclaimed the week of February 13 through 20, 1972, as LULAC WEEK; February, 1972, as AMERICAN HISTORY MONTHt received by Mrs. Doris Blaisdell, representative of D.A.R.; and February 9 through 16, 1972, as LEAGUE OF WOMEN VOTERS FINANCE WEEK, received by Mrs. Paul E. Kaufman, Finance Chairman. Bids were opened and read by Director of Engineering Services James K. Lontos, for construction of a Sanitary Sewer Lift Station and 6" Force Main to serve the Corpus Christi State School, from the following firms: Arnold Utility Contractors; Asphalt Paving & Construction Company; R. S. Black; Burtex Construction Company; Heldenfels Brothers;.and Mansheim Company. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mr. Lontos opened and read bids for construction of sidewalks along nine streets, Sidewalk Program, Unit VI, from the following firms: Heldenfels Brothers, and E. J. Netek. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recc nrpea;d,'4: ;. • Minutes Regular Council Meetinb February 9, 1972 Page 2 Mayor Sizemore announced the informal public hearing on the application of Buccaneer Mobile Home Parks for a mobile home park sewage treatment plant to be located one mile south of Clorkwood on FM 2292. City Manager Townsend presented the request, pointed out the location of the plant area, and described the surrounding area with reference to proximity{of present and future housing developments. He stated the plant location is adjacent to the Clarkwood Drainage Ditch into which 12,500 gallons per day of effluent is proposed to be discharged, and explained that the Ditch empties into the Oso Creek and from there into Corpus Christi Bay. He stated that it is the Staff's recommendation that the City join as a party to this applications and when it goes before the Texas Water Quality Board for approval, it will be Buccaneer Mobile Home Parks and City of Corpus Christi. He stated the Staff recommends acceptance of the letter -proposal dated January 7, 1972, signed by Attorney John C. Brooke and thus amend the original pro- posal. He stated that the Mobile Home Park tract would be annexed to the City and would agree to make the necessary water extensions. The City would make available a small package treatment plant, which is now surplus to the City's needs and sufficient to serve this property, and operate it on an interim basis until the Park is connected to the permanent sanitary sewer system with all costs of the move and installation to be paid for by the applicant. The tract would be annexed as a condition for receiving City services. Mr. John C. Brooke, attorney representing Buccaneer Mobile Home Parks, spoke in favor of the request, stating they were in agreement with the recommendation of City Manager Townsend. He explained that the proposal had been thoroughly reviewed with the City Staff, and they feel a plan has been worked out whereby both the City and Buccaneer Homes will be environmentally benefitted and provide an easy transition for the buffer zone. He urged the Council to accept the City Manager's recommendation. Mr. Melvin Ocker, 235 Ohio Street, appeared and stated that he is very much opposed to the request if the effluent will be discharged into Oso Creek. He stated he feels he has some rights since he owns property on both sides of the Creek; that the land owners should have been notified of this long before now; that he is opposed on the basis that the water will become stagnant causing obnoxious odors and become a breeding playe for flies and mosquitoes. He also • • Minutes Regular Council Meeting February 9, 1972 Page 3 expressed fear that there would be other plants in this area. Mr. Ocker stated he would like to have a legal opinion as to whether or not the Clarkwood Drainage Ditch is a naturdl.drainageway. He stated he would be opposed to the proposed facility unless the right of way is condemned. Sewer Superintendent Douglas Matthews stated the package plant proposed to be moved to the mobile home park has been in use in the Jackson Woods and Flour Bluff areas and its effluent compares favorably with the Oso Plant. He stated the plant wouldeoperate at slightly more than one-half its maximum load when the development is completed, that the quality of the discharge would krobably be better than the average effluent coming from other sewage plants and is considered better than that required by the Water Quality Board. City Manager Townsend pointed out that the quality of the effluent proposed to be dis- charged would be a substantial improvement over what is already in the Oso Creek; and that the fresh water going into the water would dilute the salt content. He stated that the Clarkwood Drainage Ditch is a natural drainageway, that he does not believe this is an issue here, but that he understands Mr. Ocker's concern. He stated the Staff would be more than willing to look at any kind of legal document or other information to the contrary, and that the City would have the burden to correct if that is a problem. He stated that the recommendation of the Staff to the Council is that they endorse the application, allow the City to join as a party to the appli- cation, and have a representative present at the hearing before the Texas Water Quality Board. Motion by Bosquez, seconded by Gonzales and passed, that the hearing be closed. Motion by Lozano that the recommendation of the City Maslpger.be concurred in and that the application be endorsed. The motion died for lack of a second. Motion by Bonniwell, seconded by Bosquez and passed, that the foregoing matter be tabled for one week pending determination of the legal question raised by Mr. Ocker, and that Mr. Ocker be asked to make available to the Legal Department any information he may have relative to that question. Mayor Sizemore announced the public hearing on the request to close Railroad Avenue from 213th to 21st Street, abutting Lots 9 throughl2 of Block 5, and all of Block 6, Patrick Webb Addition. • • Minutes Regular Council Meeting February 9, 1972 Page 4 City Manager Townsend explained that the request had been made by Mr. Lee Scott, owner. of Lots 9, 10, 11 and 12, Block 5 of Patrick Webb Addition, and also the east one-half of the closed portion of 20th Street extending between Laredo Street and the rtsilroad right-of- way on Railroad Avenue. He pointed out that Railroad Avenue is shown on City maps, but has never been opened and used as a City Street, and that various sections have been iclosedover the years. He explained that since the application had been made by Mr. Scott, letters have been received from other property owners involved stating they wish to join in the application, including a statement from the Texas Mexican Railway Company that they have no objection to the closing and the subsequent reverting of the land to the adjoining land owners, provided the railroad retains right-of-way for its existing tracts which may outside of its one-half, to be acquired once the street is closed, and that no monetary consideration is required in exchange for its acquisition of the adjoining one-half of Railroad Avenue. He .stated that all owners hod joined in the application with the exception of the owner of one lot; that no objections had been interposed from affected City Departments, and that it is his recommendation that the portion of Railroad Avenue, as set forth in the legal advertising, be officially closed, with the provision that the Railroad retain right-of-way for its existing tracks. A policy question was discussed as to whether or not the property owners should be required to pay for the closed right-of-way, and City Manager Townsend pointed out that this had been4a policy of some prior Councils and abandoned by others; that there h'pOs been a question of ownership relative to publicly dedicoted right-of-way and has not been definitely determined. He stated that if a charge is made it should be made in every case, and the Council should deter- mine the amount to be paid. Mayor Pro Tem Bonniwell pointed out that the charge would have to be made according to the value of the property which in some cases would be a substantial sum and minimal in others. Mr. I. M. Singer, attorney representing the applicant, confirmed Mr. Townsend°s report that Tex-Mex Railroad Company had been contacted and that they have no objections to the proposed closing provided they retain the right -sof -way for its existing railroad spurs for access to buildings which they now serve. He pointed out that this area has been frequented by winos and other undesirable characters which practice would be eliminated by the closing. He stated • Minutes Regular Council Meeting February 9, 1972 Page 5 that if it is the desire of the Council to begin a procedure of charging the proporty owners for the closed portion, that would be their prerogative, and that they would comply. Motion by Bonniwell, seconded by Lozano and passed, that the hearing be closed. Motion by Bonniwell, seconded by Lozano and passed, that the recommendation of the City Manager be concurred in and that portion of Railroad Avenue lying immediately north and adjoining Lots 9, 10, 11 and 12, and the east one-half of the closed portion of 20th Street adjoin- ing Lot 12, Block 5; and a portion of Railroad Avenue lying immediately north and adjoining Block 6, all in Patrick Webb Addition, be closed with the provision that Texas -Mexican Railway Com- pany continue use of its existing tracts, without requiring any compensation to be paid by the owners, and that an ordinance be brought forward effectuating the closing. Mayor Sizemore called for the City Manager's Reports. Motion by Lozano, seconded by Bosquez and passed, that the City Manager's Reports, Items "a" through "n" be accepted, and that the requests and recommendations be granted and approved as follows: a. That the City Council hold a public hearing on March 1, 1972, at 3:30 p.m., on the following Text, Amendments to the Zoning Ordinance: (5) Article 4AFR, "-R" Farm -Rural District Regulations, Section 4AFR-2 & Article 17, "B-5" Primary Business District Regulations, Section 17-2 - Elimination of outdoor advertising from farm -rural and business districts. Article 22, Parking Regulations, by amending the table under Section 22-1 ElirninaTof conflict and recognizing realistic needs. Article 27, Supplementary Height, Area, and Bulk Requirements, Section 27-3.01.07 - Recognizing a more realistic approach to automatic fence requirements. Article 29, Board of Adjustment, Section 29-3 - Deleting the authority from the Board of Ad,}ustment to approve parking lots in residential dis- tricts and elimination of wording that no longer applies due to a prior amendment. Article 33, Permits, Plots and Filing Fees, Section 33-3- Elimination of wording that no longer applies due to a prior amendment. b. That a public hearing be held on March 8, 1972, at 3:30 p.m., on the following zoning applications: • • Minutes Regular Council Meeting February 9, 1972 Page 6 (1) Two Way Land Company - from "R -1B" and "B-4" to "T-1", between Skipper Lane and Jester Street, west of Cove Way. (2) Hutch Bryan - from "R -1B" to "B-4", located on the east side of Mounts Drive, north of South Padre Island Drive. (3) Dr. Jack McKemie - from "A-2" to "AB", located on the west side of South Alameda Street north of Sinclair Street. (4) Donald R. Young - from "R -1B" to "B-4", located on the northeast corner of Robert Drive and Gertie Street. (5) A. L. Rankin - from "R -1B" to "B-1", located4on the north side of Gotlihar Road, west of Crosstown Freeway. c. That the date of March 1, 1972, be set for a public hearing on re-establishing an alley in Block 8, Portairs Addition, and abandoning the present easement in the same block; (The property is located between Ayers and Kilgore and between Alexander and Gollihar - the alley was closed in 1960 with the owner having the responsibility to relocate existing utilities and dedicate an easement. The easement was dedicated but the utilities were not relocated. Both actions were directly related to "B-3" zoning granted from "R-2" zoning on August 24, 1960 subject to a 6' masonry wall, a grassed and landscaped area between the wall and Kilgore Street, no signs or lights facing Kilgore, no improvements nearer than 45 feet to Kilgore and construction within one year. All "B-3" areas were rezoned to "B-4" on March 29, 1961, when a new map and ordinance were adopted. This adoption in essence removed the restrictions and the land is now zoned "B-4".) d. That two standard size four door sedans with air conditioning be purchased from Bill Rawls Chrysler -Plymouth for $6,545.28 on the basis of low bid, the cars to be used in the Police Community Relations Program; e. That the bids for the Corpus Christi Marina Improvements, Phase I, Building Con- struction Work, received February 2, 1972, be rejected; (The architects will review the design of this project and provide an altemate design shortly after the bids oh Phase II have been received with a view toward bringing the construction costs within the available approved budget) f. That the northwesterly five feet of the 25' cti!;ty easement along the southeasterly portion of Lot 21, Block 36, Pope Place Unit 5, be abandoned. (Lot 21 is located at the • • Minutes Regular Council Meeting February 9, 1972 Page 7 corner of Carmel Boulevard and Alameda, and was sold by the City as surplus property to T. A. Harrell. The City Council authorized the sale on July 14, 1971. Appraisal for the sale was based on a 20' utility easement rather than a 25' easement. A 25' easement was retained at the time of platting because a 6" water line was located 21' off the southeasterly property line of Lot 21. Since that time the 6" water line has been abandoned and 5' of the 25' easement can be abandoned.) g. That a 5' utility easement in Lot 4, Section 13, Flour Bluff & Encino! Farm & Garden Tracts, excludingthe portion already replatted, be abandoned; (Engineering Services, Planning and Public Utilities have reviewed this request and concur - the property is located at Airline and Padre Island Drive, and necessary easements are being provided in a new plat) h. That the assignment of the lease of 823 Furman from Coastal Bend Opportunity Center, Inc. to Nueces County Mental Health and Mental Retardation Center, be approved; (The lease was executed December 23, 1971, for three years through December 31, 1974. MHMR and the Coastal Bend Opportunity Center, Inc., are merging into MHMR, and the Coastal Bend Opportunity Center Board will be advisory only) i. That a parcel of land which is the site of a sewage lift station be acquired from the owner, Mr. Ennis S. Joslin for $1,000.00, plus closing costs; (Money has previously been appropriated by Ordinance No. 6778, Project No. 250-61-29, Thompson Road Lift Station and Force Main - the owner authorized the City to use the property on March 3, 1963, subject to continuing negotiations as to price and the relationship of the 50' x 70' site to an adjacent drainage facility, and the $1,000 price includes interest since 1963) j. That the contract with Oso Bay Limited authorized by Ordinance No. 10657 be amended to extend the 15" sewer line in McArdle Road an additional 401 feet, and that $1,776.75 be appropriated out of No. 250 Sanitary Sewer Bond Fund for costs of oversizing and overddepening and related engineering; k. That a contract be authorized with Saratoga Land Company pertaining to the con- struction of curb and gutter, sidewalks and 1/2 of the street improvements abutting the public park adjoining Country Club Estates Unit 16, and appropriation of $3,683.59 be approved for the City's portion of the costs of the improvements and related engineering costs; • Minutes Regular CounciL Meeting February 9, 1972 Page 8 I. That the City Manager be authorized to sign an "Annual Arrangement" letter of understanding with HUD should Corpus Christi be selected as one of approximately four annual arrangement cities in this area; (The City will be reaffirming its statements in the Workable Program - HUD will be indicating general approval of 1971-72 programs, and through this procedure the City and HUD will be able to better coordinate joint projects) m. That the assessment hearing on Sidewalk Improvements for the Coliseum and Downtown Area be closed and that the assessment roll be adopted reflecting the recommendations of the staff showing a deletion of the header curb on Item 18. (Total assessments are $11,613.56 and the City share is $21,337.96 for a total cost of $32,951.52) n. That the appointment of Mr. Ceferino Valenzuela to Sanitation Superintendent be confirmed, Mr. Valenzuela having been empioyed by the City since 1952, progressing through various positions in the Street Division from Clerk to Senior Actrountant until he was promoted to Assistant Sanitation Superintendent on February 23, 1970. Mayor Sizemore requested that a resolution be passed expressing sympathy to the family of former City Councilman Charles J. Aills who passed away Tuesday, February 8, 1972. On behalf of Commissioner Branch, Mayor Pro Tem Bonniwell requested that a resolution be passed and forwarded to the Governor of Texas and other appropriate state officials urging the Texas Parks and Wildlife Commission to accept the offer of Mrs. Sam E. Wilson and com- plete the purchase of Mustang Island as a public park. City Manager Townsend stated such a resolution had been prepared which he read in its entirety. He stated that the resolution would be submitted for Council approval along with other ordinances appearing on the agenda. Relative to the foregoing request to the Texas Parks and Wildlife Commission, Mayor Sizemore read drafts of two telegrams, one to the Govemor, and one to the Chairman of the Texas Parks & Wildlife Commission, setting out the essence of the resolution, which were approved and forwarded respectively. ORDINANCE NO. 10692 REDECLARING, UNDER ART. 5890e, V ,C S., (EXAS, AND ARTICLE 1175, V.A.C.S., TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12, 1970, UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, U.S.CONGRESS, AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, AS AMENDED, THE STATE OF CIVIL EMERGENCY • Minutes Regular Council Meeting February 9, 1972 Page 9 CONTINUING IN THE CITY,.OF'COJPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT 8Y THE CITY OF MOBILE HOME PARK ACCOMMODA- TIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10693 TORD READING OF AN ORDINANCE AMENDING THE CORPUS.CHRISTI CITY CODE 1958, AS AMENDED, BY AMENDING ARTICLE I, CHAPTER 38, SECTION 38-5, COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL, BY ADDING THERETO A NEW SUBSECTION 6, "EXTRA- TERRITORIAL APPLICATION" PROVIDING THAT ALL PROVISIONS OF SAID SECTION 38-5 SHALL BE APPLICABLE IN THE CITY'S EXTRATERRITORIAL JURISDICTION, WITHIN THE MEANING OF ARTICLE 970A, REVISED CIVIL STATUTES OF TEXAS, AS WELL AS WITHIN THE CORPORATE LIMITS; PROVIDING SEVERABILITY; PROVIDING A REPEALING CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10694 THIRD READING OF AN ORDINANCE PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF PORT ARANSAS OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF WATER AND UNDERLYING LANDS, A MAP OF THE SAME, MARKED EXHIBIT "A", BEING ATTACHED HERETO, WITHIN THE OVERLAPPING EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI AND THE CITY OF PORT ARANSAS, AS DEFINED BY ART. 970A, V.A.C.S., TEXAS BY MUTUAL WRITTEN'AGREEMENT, MARKED EXHIBIT "8", ATTACHED HERETO BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART HEREOF, PURSUANT TO ART. 970A, V.A.C.S., TEXAS, SECTIONS B AND C; PROVIDING PUBLICATION BY CAPTION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY. The foregoingordinonce was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10695 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED, UPON APPLICATION OF ALLIED SPECIALTY COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF TRACTS B & C, BLOCK 14, LOKEY SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM -RURAL DISTRICT • Minutes Regular Council Meeting February 9, 1972 Page 10 TO "1-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10696 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MARSHAL W. PEARCE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOTS 1 THRU 5, BLOCK 1, GATEWAY PARK, ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10697 CLOSING AND ABANDONING A 5 -FOOT PORTION OF A 25 -FOOT UTILITY EASEMENT, LOCATED ALONG THE SOUTHEAST LOT LINE OF LOT 21, BLOCK 36, POPE PLACE UNIT 5; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10698 CLOSING AND ABANDONING A 5 -FOOT UTILITY EASEMENT IN LOT 4, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. • Minutes Regular Council Meeting February 9, 1972 Page 11 ORDINANCE NO. 10699 CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON THE HEREINAFTER NAMED STREETS IN THE CITY OF.CORPUS CHRISTI, TEXAS, TO -WIT: 1. East Shoreline Boulevard (West side only) from Laguna Street to Cooper Street, thence from Kinney Street southward approximately 6001. F., thence from Park Avenue southward approximately 235 L.F. 2. West Shoreline Boulevard (East side only) from Laguna Street to Cooper Street, thence from Kinney Street southward approximately 640 L.F., thence from Park Avenue south- ward approximately 180 L.F. 3. West Shoreline Boulevard (West side only) from Cooper Street to Born Street, thence from 181 L.F. South of Born Street to Park Avenue, thence from 270 L.F. South of Park Avenue to Furman Avenue. 4. Cooper Street (South side only) from West Shoreline Boulevard westward approximately 200 L.F. to the existing sidewalk. 5. Kinney Street (North side only) from West Shoreline Boulevard to Water Street. 6. Born Street (North side only) from West Shoreline Boulevard westward approximately 36 L.F. 7. Broadway Court (both sides) from West Shoreline Boulevard to Water Street. AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF IMPROVE- MENTS, AND LEVYING AN ASSESSMENT FOR PAYMENT; FIXING A CHARGE AND LIEN, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10700 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF ROBERT A. KESSLER, BY AMENDING THE ZONING MAP BY.CHANGING THE ZONING ON THE NORTH 1/4 OF LOT 1, SECTION 50, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, CONSISTING OF APPROXIMATELY 4.9 ACRES, LOCATED AT THE SOUTHEAST CORNER OF GLENOAK AND FLOUR BLUFF DRIVES, AND AS MORE PARTICULARLY DESCRIBED IN THE PLAT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE - FAMILY DWELLING DISTRICT TO "B -i" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE FX"sStING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting February 9, 1972 Page 12 The Charter Rule was suspended and theforegoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10701 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF A PARCEL OF LAND OUT OF LOT 12, SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AS SHOWN BY MAP OR PLAT Or RECORD IN VOLUME A, PAGE 43, MAP RECORDS OF NUECES COUNTY MAP RECORDS, FROM THE OWNER, ENNIS 5. JOSLIN, SAID ACQUISITION TO BE FOR THE THOMPSON ROAD RIGHT OF WAY AND SEWAGE LIFT STATION; APPROPRIATING AND REAPPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $1,090, OF WHICH AMOUNT $1,000 I5 FOR COST OF ACQUISITION AND $90 IS FOR INCIDENTAL. EXPENSES RELATED TO CLOSING COSTS, ALL IN CONNECTION WITH PROJECT NO. 250-61-29, THOMPSON ROAD LIFT STATION AND FORCE MAIN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10702 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SARATOGA LAND COMPANY, DEVELOPERS OF COUNTRY CLUB ESTATES UNIT 16, FOR THE CON- STRUCTION OF CURBS, GUTTERS, SIDEWALKS, AND HALF OF THE STREET PAVEMENT ABUTTING THE PUBLIC PARK IN COUNTRY CLUB UNIT 16; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $3,683.59, OF WHICH $3,426.60 I5 FOR CONSTRUCTION AND $256.99 I5 FOR ENGINEERING, APPLICABLE TO PROJECT NO. 220-70-128; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10703 AUTHORIZING AMENDMENT OF THE CONTRACT WITH O5O BAY LIMITED, DEVELOPERS OF PHARAOH VALLEY CARRIAGE PARK TOWNHOUSES EAST, AS AUTHORIZED BY ORDINANCE NO. 10657, PERTAINING TO THE CITY'S PARTICIPATION IN OVERSIZE AND OVERDEPTH OF A SANITARY SEWER LINE IN MCARDLE ROAD, SO AS TO AUTHORIZE THE EXTENSION OF THE SANITARY SEWER LINE AN ADDITIONAL 401 FEET MORE OR LESS; APPROPRIATING $1,776.75 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $1,660.45 IS FOR OVERSIZE AND OVERDEPTH AND $116.30 IS FOR ENGINEERING, APPLICABLE TO PROJECT NO. 250-67-54; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, and Lozano, present and voting "Aye"; Branch and Stark were absent. • Minutes Regular Council Meeting February 9, 1972 Page 13 RESOLUTION NO. 10704 RESOLUT,ION,EXPRESSING SYMPAIFHY TO THE -FAMILY OF CHARLES J. AILLS, FORMER CITYiCOUNCILMAN, WHO. PASSED AWAY ON FEBRUARY 8, 1972; AND DECLARING AN EMERGENCY'.. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. RESOLUTION NO. 10705 RESOLUTION TO THE TEXAS PARKS AND WILDLIFE COMMISSION REGARDING A PROPOSAL FOR THE PURCHASE OF MUSTANG ISLAND 'AS A STATE PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoirg resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. Mayor Sizemore called for petitions or information on matters not scheduled on the agenda. Dr. Miles Johnson, 252 Circle Drive, a local veterinarian speaking for the Society for the Prevention of Cruelty to Animals, appeared and protested alleged substandard conditions at the City Pound, and requested that the City assume control and operation of the facility. He stated that the operation should not be allowed to continue for the following reasons: (1) that the equipment and staff are inadequate to properly care for animals impounded; (2) healthy animals are not segregated from sick animals consequently there is a serious disease problem; (3) they are not segregated as to sex and size, resulting in dog fights and undesirable breeding; (4) there is inadequate protection of the public from dogs under surveilance for rabies; (5) the i specifications set out in the contract are not carried out with reference to equal treatment of dogs; and (6) the general pound area is overcrowded and receives little attention. He stated he feels the City is jointly responsible since it is the City's contract. He stated his organization is willing to work with the City Staff in any way possible, and that if the matter were pursued and the pound set up in a proper manner, the majority of veterinarians would cooperate in a consulting capacity or in some kind of an arrangement for licensing and vaccination of animals. Dr. Johnson pointed out problems in dealing with the Gulf Coast Humane Society and stated that food which • Minutes Regular Council Meeting February 9, 1972 Page 14 had been collected for the animals and taken to the Pound had been refused, and that when attempts had been made to work with the Society, they had been told that the SPCA could function better as an auxiliary to them and that no help was necessary. City Manager Townsend stated he would not disclaim Dr. Johnson's claims about conditions at the Pound, but stated that first priority must go to keeping loose dogs off the Streets. He described the personnel, funds and facilities, provided for this purpose, and pointed out that the City has a valid contract with the Gulf Coast Humane Society which has some time yet to run. He stated an investigation would be made to see that the provisions of the contract are being carried out. Assistant City Manager Archie Walker stated that Dr. Fisher of the Health Department has been asked to prepare cost estimates for expanding the Pound facilities, for making other improvements, and to prepare a list of things which can be done to help bring the facility up to standard. He stated this information should be compiled in approximately 30 days after which a rept t'would be made. Mrs. Lou Daly, Trepsurer of the SPCA, stated that a campaign had been made by this organization to improve these deplorable conditions, and a very definite effort made for cooperation with the Humane Society but to no avail. She stated that a plea for citizens to share the burden of the Gulf Coast Humane Society had also been mode. She pointed out that it had been estimated that no more than 20 percent of the dogs in the City were licensed at the present time. Mrs. Daly stated the Pound is under -staffed, under paid, have worn out and inadequate equipment, and that personnel is working under very adverse conditions. Mayor Sizemore stated that Assistant City Manager Walker would further investigate the claims, and Mayor Pro Tem Bonniwell asked that members of SPCA be notified when a report of this investigation is brought back to the Council. Mr. Ed P. Williams, Jones Building, appeared and commended the Council on a proposal with reference to a convention center. He staled it was his opinion that the majority of people in the City would favor this basic concept which meets many of the objections to the Plaza Del Mar concept. He stated he had attended several of the meetings of the Taxpayers Association, and that the new concept is favored over Plaza Del Mar for four basic reasons: (1) Plaza Del Mar • Minutes Regular Council Meeting February 9, 1972 Page 15 was too large and would have increased the bonded debt; (2) 25% of the expenditure would go toward purchase of land when there was already enough public land that could be made available by constructing it on a land fill; (3) the voters were misled by incredulous statements in advertise- ments that the convention center would be so beneficial to the City that taxes would be decreased; and (4) the location was not water orientated, which he stated was the main attraction of tourists to this City. Mr. Williams stated the new concept is favored because it is substantially under the $24.5 million that Plaza Del Mar would hove cost. He stated it should be noted that all the buildings along Shoreline are constructed on the man-madeland filI. There being no further business to come before the Council, the meeting was duly adjourned at 4:00 p.m., Wednesday, February 9, 1972.